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October 2011

Oct 2011
27
October 27, 2011

MSC Order List: October 26, 2011

On October 26, 2011, the Michigan Supreme Court granted the application for leave to appeal in In re Mortimore Estate, No. 143307, to address "what standards apply and what factors a court should consider in determining whether a transaction was the product of undue influence where there is a fiduciary relationship between the parties." The

Oct 2011
27
October 27, 2011

COA Opinion: Michigan law does not permit consecutive sentencing for prisoner offenses arising out of the same acts

In People v. Williams, No. 299809, the Court of Appeals reversed consecutive sentencing of Williams for the crimes of possession and delivery of marijuana because the possession and delivery were contemporaneous and tried in a single trial. When a defendant is serving time for a prior offense and commits another offense while incarcerated, MCL ' 768

Oct 2011
27
October 27, 2011

COA Opinion: A trial court does not need to discredit victim's statements to police in a domestic violence case.

In People v. Meissner, No. 298780, the Court of Appeals considered an appeal from a defendant's convictions for domestic violence, first-degree home invasion, and obstruction of justice. The victim told the police that after several incidents of physical abuse, the defendant had sent threatening text messages

Oct 2011
24
October 24, 2011

COA Opinion: A township official's handwritten notes intended solely for personal use are not public records subject to disclosure under FOIA

In Hopkins v Township of Duncan, No. 300170, the Michigan Court of Appeals considered a plaintiff's appeal from an order of summary disposition in favor of the defendant township on the plaintiff's claim that the defendant violated Michigan's Freedom of Information Act ('FOIA'). In his initial FOIA request served upon Duncan Township, the pl

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